Airservices Australia Award 2000
AP767005 - Airservices Australia Award 2000
10.1 Agreement to vary award provisions
10.1.1 This award contains facilitative provisions which allow agreement between the employer and employees on how specific Award provisions are to apply at the workplace or sections of it. The facilitative provisions are identified in 10.2, 10.3 and 10.4.
10.1.2 The specific award provisions establish both the standard Award condition and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to an employee or employees covered by this Award.
10.2 Facilitation by individual agreement
10.2.1 The following facilitative provisions can be utilised upon agreement between the employer and an employee provided that the agreement complies with 10.2.2 and 10.2.3:
Clause number |
Subject matter |
15.5.6 |
Hours and variation to hours for Part-time Employment |
15.5.10 |
Conversion of leave credits for part time employees |
27.8 |
Time off in lieu of Overtime |
32.2.3 |
Time of Taking Annual Leave |
36.8 |
Substitution of Public Holidays |
10.2.2 The agreement reached must be recorded by the employer in accordance with Division 1 of Part 9A of the Workplace Relations Regulations.
10.2.3 If an employee is a member of a union bound by the Award, the employee may be represented by the union in meeting and conferring with the employer about the implementation of the facilitative provisions. The union must be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements.
10.3 Facilitation By Majority and Individual Agreement
10.3.1 The employer and the majority of employees at the workplace may reach agreement in relation to the operation of the following award provisions:
Clause number |
Subject matter |
26.5 |
Flextime |
26.5.5 |
Span of hours |
26.5.6 |
Meal Breaks |
26.6 |
Rostered Days Off |
31 |
Annualised shift penalty |
10.3.2 Once an agreement has been reached, the particular form of flexibility agreed upon may be utilised by agreement between the employer and an individual employee without the need for the majority to be consulted.
10.3.3 The employer may not implement the agreement unless it complies with 10.2.2 and 10.2.3.
10.4 Facilitation by Majority Agreement
10.4.1 The employer and the majority of employees at the workplace may reach agreement in relation to the operation of the following award provisions:
10.4.2 The employer may not implement the agreement unless it complies with 10.2.3.
Clause number |
Subject matter |
26.2.2 |
Bandwidth 36 ¾ hour week |
26.3.2 |
Bandwidth 38 hour week |
26.4.4 |
Shift Length |
31.21 |
Shift Length |
10.5 Majority Vote At The Initiation Of The Employer
A vote of employees in the workplace, or a section or sections of it, taken in accordance with 10.3 or 10.4, to determine if there is majority employee support for implementation of a facilitative provision, will be of no effect, unless taken with the agreement of the employer.
10.6 Dispute Over Facilitation
In the event that a dispute or difficulty arises over the implementation or continued operation of a facilitative provision, the matter will be handled in accordance with 11 - Dispute resolution.
